TERMS AND CONDITIONS FOR SELF-EMPLOYED CARERS USING TENDOCARE
1. Introduction
1.1 These Terms and Conditions (“Terms”) govern your access to and use of the GetCareStaff platform (“Platform”).
1.2 GetCareStaff is a product operated by Telyton Limited, a company registered in England and Wales with Company Number 16603759, whose registered office is C/O Ascentris, 45 Albemarle Street, Mayfair, London, United Kingdom, W1S 4JL (“Company”, “we”, “us”, “our”).
1.3 These Terms apply to all self-employed carers (“Carer”, “you”, “your”) who register on or use the Platform.
1.4 By creating an account or using the Platform, you confirm that you have read, understood, and agree to be legally bound by these Terms.
1.5 These Terms constitute a legally binding agreement between you and the Company.
2. Nature of the Platform
2.1 The Platform is an online marketplace that enables Clients (care homes, nursing homes, and other care providers) to publish available shifts and rotas (“Rotas”).
2.2 Rotas will specify shift details including location, duration, required qualifications, and applicable pay rates.
2.3 Carers may browse and apply for Rotas via the Platform. Clients retain full discretion to accept or reject any application.
2.4 The Company sets and standardises pay rates for all shifts based on carer level, qualifications, and experience (“Pre-Defined Rates”).
2.5 By using the Platform, you expressly agree that:
- all work is undertaken at the Pre-Defined Rates set by the Company;
- you shall not negotiate or attempt to vary such rates with Clients;
- the Company may amend rates at any time without prior consent.
2.6 The Company acts solely as a technology provider facilitating introductions and does not supply care services.
2.7 By signing these Terms, you acknowledge and accept that you will not solicit or engage in independent contracts or works with client(s) of the Company.
3. Independent Contractor Status
3.1 You acknowledge that you operate as a genuinely self-employed independent contractor.
3.2 Nothing in these Terms shall create any employment relationship, worker status, or agency between you and the Company.
3.3 You are responsible for determining how you perform your services, subject to Client requirements and applicable regulations.
3.4 You are responsible for providing your own equipment, training, and professional development.
3.5 You bear full financial risk and reward for your services, consistent with self-employed status under UK law.
3.6 – Nothing in this agreement shall create a Partnership, Joint Venture of any other form of commercial agreement other than a self-employed contactor agreement.
4. Right to Suspend or Terminate Access
4.1 The Company may, at its sole discretion and without prior notice:
- suspend or terminate your account;
- remove you from scheduled or accepted shifts;
- restrict your access to future Rotas.
4.2 Such actions may be taken for any reason, including but not limited to:
- complaints or safeguarding concerns;
- failure to meet professional standards;
- breach of these Terms;
- regulatory or compliance risks.
4.3 The Company shall not be liable for any loss of earnings or opportunity resulting from such actions.
5. Registration and Verification
5.1 You must provide accurate and complete information during registration.
5.2 You consent to identity and background verification checks.
5.3 You must maintain up-to-date records including:
- DBS certification;
- right to work documentation;
- relevant care qualifications.
5.4 The Company may suspend access or terminate this agreement.
6. Legal and Regulatory Compliance
6.1 You must comply with all applicable UK legislation, including but not limited to:
- Health and Social Care regulations;
- safeguarding laws;
- Health and Safety at Work obligations;
- data protection laws including UK GDPR.
6.2 You are solely responsible for ensuring your compliance with Care Quality Commission (CQC) expectations where applicable.
7. Engagement and Booking Process
7.1 All work opportunities arise from Rotas published by Clients on the Platform.
7.2 You must apply through the Platform to be considered for any shift.
7.3 Acceptance of a shift by a Client creates a direct arrangement between you and the Client.
7.4 You are responsible for attending accepted shifts and fulfilling agreed duties.
7.5 Failure to attend or complete a shift may result in suspension or removal from the Platform and non-payment or part payment of fees.
8. Non-Circumvention and Restriction on Direct Engagement
8.1 You shall not, directly or indirectly, engage with any Client introduced via the Platform outside of the Platform.
8.2 This restriction applies during your use of the Platform and for a period of 6 months following your last engagement with the Client.
8.3 You must not:
- accept direct employment or contracts with such Clients;
- solicit or encourage Clients to bypass the Platform;
- exchange personal contact details for off-platform work.
8.4 Breach of this clause may result in:
- immediate termination;
- legal action;
- recovery of lost revenue or fees.
9. Invoicing and Payment Terms
9.1 You are responsible for issuing accurate and legally compliant invoices for services provided.
9.2 All invoices must be submitted to tcfinance@tendocare.co.uk no later than 23:59 (midnight) on the last calendar day of each month in respect of services delivered during that month.
9.3 Failure to submit invoices by this deadline may result in delayed payment to the following payment cycle.
9.4 Subject to receipt of a valid invoice, payments will be made by the Company via BACS transfer on or before the 15th day of the following month.
9.5 You are responsible for ensuring that all invoice details, including bank details, are accurate.
9.6 The Company reserves the right to withhold or delay payment where:
- invoices are incomplete or inaccurate;
- there are disputes regarding services provided;
- compliance or safeguarding concerns arise.
9.7 The Company shall not be liable for any loss arising from delayed or rejected payments due to incorrect information provided by you.
10. Taxation and Financial Responsibilities
10.1 You are solely responsible for your tax affairs, including:
- income tax;
- National Insurance;
- VAT (if applicable).
10.2 You acknowledge that the Company does not operate PAYE or payroll services for you.
10.3 You shall indemnify the Company against any tax liabilities arising from your activities.
11. Insurance
11.1 You must maintain appropriate insurance, including:
- public liability insurance;
- professional indemnity insurance.
11.2 You must provide evidence upon request.
12. Standards of Care and Conduct
12.1 You must provide services with reasonable skill and care in accordance with professional standards along with any regulatory practice notes, guidance or Codes of Practice.
12.2 You must comply with Client policies and procedures.
12.3 You must treat all service users with dignity and respect.
12.4 Any misconduct may result in immediate removal from the Platform.
13. Safeguarding
13.1 You must comply with all safeguarding obligations.
13.2 You must report concerns immediately in line with legal and Client procedures.
14. Confidentiality and Data Protection
14.1 You must keep all personal and sensitive information confidential.
14.2 You must comply with UK GDPR and the Data Protection Act 2018.
15. Platform Use
15.1 You must not misuse the Platform or engage in unlawful or fraudulent activity.
15.2 The Company may monitor and audit usage.
16. Liability
16.1 The Platform is provided without warranties.
16.2 The Company shall not be liable for:
- loss of income;
- indirect or consequential loss;
- Client conduct or non-payment.
16.3 Nothing excludes liability where prohibited by law.
17. Indemnity
17.1 You agree to indemnify the Company against all claims arising from:
- your services;
- breach of these Terms;
- legal non-compliance.
18. Amendments
18.1 The Company may update these Terms at any time.
18.2 Continued use constitutes acceptance.
19. Governing Law
19.1 These Terms are governed by the laws of England and Wales.
19.2 Courts of England and Wales shall have exclusive jurisdiction.
20. General
20.1 If any provision is invalid, the remainder remains enforceable.
20.2 These Terms constitute the entire agreement.
21. Acceptance
21.1 By registering, you confirm that:
- you are self-employed;
- you accept full legal and financial responsibility;
- you agree to these Terms.
IMPORTANT LEGAL NOTE
These Terms are drafted with UK legal principles in mind, including employment status, IR35 considerations, and UK GDPR. However, they should be reviewed by a qualified UK solicitor to ensure full compliance with evolving legislation and regulatory requirements.
End of Terms and Conditions
Last updated: 1st April 2026